Section 36K in New Town, Kolkata Development Authority Act, 2007
36K. Development Authority Assessment Code.
(1)The Development Authority may, by the regulations, provide for the detailed procedure for determination of the annual value of lands or buildings.(2)Without prejudice to the generality of the foregoing provisions,-(a)every building together with the site and the land appurtenant thereto shall be assessed as a single unit:Provided that where portions of any building together with the site and the land appurtenant thereto are vertically divisible and are separately owned so as to be entirely independent and capable of separate enjoyment, notwithstanding the fact that access to such separate portions is made through a common passage or a common staircase, such separately owned portions may be assessed separately:Provided further that the right of such access is protected by a registered deed of agreement;(b)all lands or buildings, to the extent these are contiguous or are within the same curtilage or are on the same foundation and are owned by the same owner or co-owners as an undivided property, shall be treated as one unit for the purpose of assessment under this Act:Provided that if such land or building is sub-divided into separate shares which are not entirely independent and capable of separate enjoyment, the Chairman may, on application from the owner or co-owners, apportion the valuation and assessment among the co-owners according to the value of their respective shares treating the entire land or building as a single unit:Provided further that where portions of any building together with the site and the land appurtenant thereto are vertically divisible and are separately owned so as to be entirely independent and capable of separate enjoyment, notwithstanding the fact that access to such separate portions is made through a common passage or a common staircase, such separately owned portions may be assessed separately:Provided also that the right of such access is protected by a registered deed of agreement;(c)all land or buildings, to the extent these are contiguous or are within the same curtilage or are on the same foundation and are owned by the same owner or co-owners as an undivided property, shall be treated as one unit for the purpose of assessment under this Act:Provided that if such land or building is sub-divided into separate shares which are not entirely independent and capable of separate enjoyment, the Chairman may, on application from the owner or co-owners, apportion the valuation and assessment among the co-owners according to the value of their respective shares treating the entire land or building as a single unit;(d)each residential unit with its percentage of the undivided interest in the common areas and facilities constructed or purchased and owned by or under the control of any housing co-operative society registered under the West Bengal Co-operative Societies Act, 2006, shall be assessed separately;(e)each apartment and its percentage of the undivided interest in the common areas and the facilities in a building within the meaning of the West Bengal Apartment Ownership Act, 1972, a declaration in respect of which has been duly executed and registered under the provisions of that Act, shall be assessed separately.(3)If the ownership of any land or building or a portion thereof is sub-divided into separate shares or if more than one land or building or portions thereof by amalgamation come under one ownership, the Chairman may, on an application from the owners or co-owners, separate or amalgamate, as the case may be, such land and building or portions thereof so as to ensure conformity with the provisions of this section.(4)A newly constructed building shall become assessable from the quarter following the date of issue of the occupancy certificate under the provision of this Act:Provided that if such building is occupied before the issue of the occupancy certificate in contravention of the provisions of this Act, such building shall be liable for assessment from the quarter following the date of its occupation and notwithstanding any other action that may be taken under this Act, such building shall not get the benefit of the rebate in the property tax under sub-section (5) of section 36D.(5)The Chairman shall, upon an application made in this behalf by an owner, lessee or sub-lessee or occupier of any land or building and upon payment of such fees as may be determined by the Development Authority by the regulations, furnish information to such person regarding the apportionment of the property tax of such land or building among the several occupiers within such land or building for the current period or the period immediately proceeding:Provided that nothing in this sub-section shall prevent the Development Authority from recovering the dues from any such person.D. Assessment
